Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. As used in this act the following words shall have the following meanings:

"Article 38", Article 38 of the Boston Zoning Code as in effect on May 1, 1990.

"New shadow", the casting of a shadow at any time on an area which is not cast in shadow at such time by a structure which exists or for which a building permit has been granted on the date upon which application is made to a permit-granting authority for a proposed structure and which would not be cast in shadow by a structure conforming to as-of-right height limits allowed by the Boston Zoning Code as in effect on May 1, 1990. New shadow shall not include a de minimis shadow cast by an antenna, fence, flagpole, sign or other similar structure.

"Permit-granting authority", the Boston Zoning Board of Appeal, the Boston Zoning Commission, the Boston Redevelopment Authority or other public body authorized to grant permits or approvals pursuant to chapter 121A or chapter 121B of the General Laws, chapter 665 of the acts of 1956, as amended, or the Boston Zoning Code. Permit-granting authority shall not include the Boston Inspectional Services Department, or any body or department succeeding to the duties thereof.

"Public Garden", the land in the city of Boston bounded by Charles Street, Boylston Street, Arlington Street and Beacon Street and under the care, custody, management and control of the city Parks and Recreation Commission, excluding therefrom the perimeter sidewalk areas located between the perimeter fence and the curbstones of the aforementioned streets.

"Structure", a structure, as defined in the Massachusetts state building code, which is: (i) intended to be permanent; and (ii) not located within the boundaries of the Public Garden.

SECTION 2. Notwithstanding any provisions of chapter 121A or chapter 121B of the General Laws, or chapter 665 of the acts of 1956, or any other general or special law to the contrary, no permit-granting authority shall take any action which would authorize the construction of any structure which would cast a new shadow on the Public Garden; provided, however, that the provisions of this section shall not apply to actions authorizing:

(a) Any structure which casts a new shadow upon the Public Garden only during the first hour after sunrise or before seven o'clock in the morning, whichever is later, or the last hour before sunset;

(b) Any structure within the Midtown Cultural District established by Article 38 which casts no new shadow upon the Public Garden after ten o'clock in the morning on any day from March 21 to October 21, inclusive, in any calendar year; or

(c) Any structure in the city of Boston included in a development plan or a master plan within a planned development area, all as approved on or before May 1, 1990, by the Boston Zoning Commission in accordance with chapter 665 of the acts of 1956, as such development plan or master plan may thereafter be amended; provided, however, that such amendment shall not permit construction of a structure which casts additional new shadow on any area of the Public Garden.

SECTION 3. This act shall take effect upon its passage.